Suresh Chandra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5529 of 2024 ====================================================== Suresh Chandra Paswan S/o Late Narayan Paswan, resident of VillageDurgapur, P.S.-Barari, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Panchayati Raj Department, Bihar, Patna.

2.

The District Magistrate, Katihar.

3.

The Addl. Collector, Katihar.

4.

The District Panchayat Raj Officer, Katihar.

5.

The Sub Divisional Officer, Katihar.

6.

The Sub Divisional Officer, Barsoi, District-Katihar. 7.

The Block Development Officer, Barari, District-Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the State :

Mr. Sita Ram Yadav, GP-16 Mr. Jitendra Kumar, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following relief:- "i) For quashing the order contained Memo No.131 dated 8.2.2019 issued by the District Magistrate, Katihar whereby the petitioner has been put under suspension in contemplation of Department Proceeding and also quash the departmental proceeding which is pending since last five years.

(ii) For a direction to the respondents to pay the subsistence allowance to the petitioner which is due since May 2023."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.5529 of 2024(2) dt.18-04-2024 2/2 parties submit that the present writ petition can be disposed off, with a direction to the disciplinary authority to conclude the departmental proceeding in question, within a period of six months from today, by passing the final order, failing which the order of suspension dated 08.02.2019, issued by the District Magistrate, Katihar shall stand revoked automatically. It is directed, accordingly.

3.

At this juncture, the learned counsel for the petitioner submits that the District Magistrate, Katihar be directed to pay the outstanding subsistence allowance, due to be paid to the petitioner, forthwith.

4.

Having regard to the aforesaid prayer made by the petitioner, this Court deems it fit and proper to direct the District Magistrate, Katihar to ensure that the admitted outstanding dues of subsistence allowance is paid to the petitioner, within a period of four weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U